USA > New York > Suffolk County > Early Long Island wills of Suffolk county, 1691-1703. an unabridged copy of the manuscript volume known as "The Lester will book;" being the record of the Prerogative court of the county of Suffolk, New York, with genealogical and historical notes > Part 1
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ALLEN COUNTY PUBLIC LIBRARY 3 1833 01229 7492
Gc 974.701 Su2pe
EARLY LONG ISLAND WILLS
7
Allen County Public Library 900 Wester Street PO Box 2270 Fort Wayne, IN 46801-2270
Edition Limited Co 340 Copics No. 117
ffilliam Smith
FAC-SIMILE OF THE SIGNATURE OF JUDGE WILLIAM SMITH. See Page 281.
Thomas Helme (Cen. FAC-SIMILE OF THE SIGNATURE OF THOMAS HELME. See Page 278.
EARLY LONG ISLAND WILLS
OF
Suffolk County, 1691=1703
AN UNABRIDGED COPY OF THE MANUSCRIPT VOLUME KNOWN AS " THE LESTER WILL BOOK "; BEING THE RECORD OF THE PREROGATIVE COURT OF THE COUNTY OF SUFFOLK, NEW YORK
With Genealogical and historical Motes
BY WILLIAM S. PELLETREAU, A. M. Editor of "Southampton Records," Author of "Putnam County, N. Y.," etc.
+
EXHAUSTIVE INDEXES OF PERSONS AND LOCALITIES
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NEW YORK FRANCIS P. HARPER 1897
COPYRIGHT, 1897,
BY FRANCIS P. HARPER.
4242004
TO
ORVILLE B. ACKERLY, ESQ., CORRESPONDING SECRETARY OF THE SUFFOLK COUNTY HISTORICAL SOCIETY, WHOSE ACTIVE INTEREST IN THE HISTORY OF LONG ISLAND HAS PRESERVED MUCH THAT WOULD OTHERWISE BE LOST, THIS VOLUME IS RESPECTFULLY
Dedicated
£
INTRODUCTION.
THE first will recorded in Suffolk County is that of Josiah Stanborough, who lived at Sagaponack, in the town of Southampton. It was dated July 16, 1661, and proved at the " Quarter Court," held in Southampton, September 3, 1661. At that time the town was under the jurisdiction of Connecticut, and the probate was according to the laws of that Colony. It may be found in the second volume of Southamp- ton records.
In 1664 the English conquest made Long Island a part of the Province of New York, and it was governed by the code known as the " Duke's Laws." By these laws it was ordered that, upon the death of any person, it was the duty of the constable and the overseers to repair to the house of the deceased and find if any will had been left by him. The executors of any will were to present it for probate at the next "Court of Sessions," and the Clerk of the Court was to transmit the will and probate for record to the Register's office in New York. By an amendment to these laws, the Court of Assizes also had the power to admit wills to probate. The Court of Sessions consisted of the Judge and Clerk, and cer- tain Justices of the Peace. It was ordained by law
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Introduction.
to be held three times a year, and in the "East Riding" (now Suffolk County) the courts were to be held " by turns " in Southold and Southampton.
'The Court of Assizes was composed of the Gov- ernor, Members of Council, High Sheriff, and such Justices of the Peace as might attend. The Secretary of the Province was the Clerk of the Court, which was that of last appeal. This Court was abolished in 1683.
By an addition to the Duke's Laws, in 1665, it was ordered that all original wills, after having been proved at the Court of Sessions, or Assizes, should be returned into the office of Records in New York, "and shall remain there," and the executors were to have copies. This has preserved a great many original wills, which are now on file in the New York Surrogate's office.
In England, up to a very recent period, the pro- bate of wills was under the control of the Arch- bishop of Canterbury.# And in the instructions given to General Thomas Dongan, May 29, 1686, it was expressly charged that "the ecclesiastical Juris- diction of the Archbishop of Canterbury is to be retained except as to licences for marriage and Probate of Wills, which are reserved to the Governor, and to the Commander in Chiefe for the time being."
* The origin of the name of " Prerogative Court " is shown by the following definition in Baily's Dictionary, 1750. " Prerogative Court. A Court belonging to the Archbishop of Canterbury, wherein all Wills are proved and Administrations granted, that belong to the Arch- bishop by his Prerogative."
Introduction. ix
By Act of General Assembly, November 11, 1692, it was enacted that in all the counties except Orange, Richmond, Westchester, and Kings, the Court of Common Pleas, or if not in session, the Judge assisted by the Justices of the Peace, was to examine the witnesses and certify the examinations, to the Secretary's Office, and upon this the Governor granted his "Probate." Among the list of officers in 1693, we find "William Smith, Esq., Chief Justice, having power of King's Bench, Common Pleas and Exchecquer." So that although the power to admit wills to probate was vested in the Governor, yet the actual power was exercised by the Judge of the Court, who acted as his delegate, and Governor Tryon, in 1774, stated " The Prerogative Court con- cerns itself only in the Probate of wills, etc. The Governor is properly the Judge of this Court but usually acts by delegate." Judge William Smith was appointed Judge in May 15, 1691, and held it till June 13, 1706.
It remains to state the circumstances under which this book was lost and restored. Up to 1844 the County Clerk's office was wherever the clerk hap- pened to live. Thomas Helme was clerk in 1691, and for many years after. William Henry Smith, a son of the Judge, held the office from 1730 to I 739. After the Revolution, under the State Government, Hon. Ezra L'Hommedieu was clerk from 1784 to 1810, and again in 1811. He died in office September 27, 1811. The book of which
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Introduction.
this volume is a copy was among his official books and papers. By some oversight it was not transferred to his successor in office, but remained in the hands of Thomas S. Lester, Sr., who died Septem- ber 13, IS17. With the rest of his private papers it came into the possession of his only son Thomas S. Lester, Jr., who was a child at the time of his father's death. Many years later, when he came to manhood. his attention was called to the book by the late Charles B. Moore of New York City, and he saw at once that it was an original Book of Records, belong- ing to the County Clerk's office ; and on October 13, 1871, he transmitted it to George C. Campbell, who then held the office, and it was thus restored to its proper place after having been lost to the public for a period of sixty years.
The life of Thomas S. Lester, who thus conferred upon the public a lasting benefit, was a curious episode in local history. Inheriting from his father a farm in Southold, he made these paternal acres his home during life, and was in the opinion of his neighbors a plodding, unambitious man, without aspirations for wealth. Dying intestate, it was found, to the astonishment of all who knew him, that by careful investments of his small income which were invariably successful, he had accumulated a fortune of $300,000, which went to heirs at law. Among these was a pauper, supported at public expense, who awoke one morning to find himself the possessor of thirty-eight thousand dollars. The sudden tran-
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Introduction.
sition from the porridge pot to the palace was too much for him, and only a very brief interval elapsed (the most of which was spent in sampling ardent spirits in their varied forms) between leaving his home in the County House for one much narrower in the village grave yard.
The absence of any punctuation in this volume may attract attention, but in this we follow the original. The printing is done from a copy made by Orville B. Ackerly, Esq., and carefully compared with the original.
The writer hopes that this work will prove of use and benefit to all who feel an interest in Long Island history, and in the acts and deeds of a generation that has long since passed away.
WILLIAM S. PELLETREAU.
SOUTHAMPTON, L. I.,
May 20, 1897.
EARLY LONG ISLAND WILLS OF SUFFOLK COUNTY, 1691-1703
BROOKHAVEN May ye 23 1691 At a Court holden before the Honoble Coll. I'il- liam Smith Judge of the Prerogative Court-Upon the complt. of William Jayne & others creditors to Joseph Davice late of Brookhaven aforesd deceased setting forth that the said Davice is said in his life- time to have made his last will and testament by which he is said to have appointed Capt. Richard Wodhull & John Mosier his Executors who have not taken upon them hitherto the Burthen of Executor- ship it being now above three months since the said Davice his decease by reason where of the said credi- tors fear that the sd estate may be imbecelled & they defrauded of their just debts.
Ordered that Capt. Richard Wodhull & John Mosier be notified to appear at a Court to be holden on Monday next being the 25th instant at six o'clock in ye afternoon at the Judges now dwelling house then & there to declare whether they will take upon them the Executorship aforest and bring the said Will into Court.
THO : HELME Cler.
IO
Early Long Island Wills.
BROOKHAVEN May ye 25th
At a Court holden May ye 25th 1691-Capt. Richard Wodhull & John Mosier appeared in Court and did then and there declare that their own private occasions will not admit them to take upon them the burthen of Executorship of the above sª Davice his will and do renounce being concerned therewith and delivered the sd pretended will to the Clerk of the Court. And William Jayne appearing in Court and alleging that he is the principal creditor to Joseph Davice deceased-And praying that letters of Administration may be granted to him to administer on the sd Joseph Davice his Estate-
Ordered that letters of Administration shall be given to the sd William Jayne he giving bond truly to administer according to law and to deliver into this Court a true and perfect Inventory of the sd deceased his estate at or before the 20th day of June next and that a copy of the sd will be annexed to the sd letters of administration and in regard sev- eral legacies are by the sd Davice bequeathed to his children the persons said to witness the will are to be notified to appear before the Judge on Wednesday at 6 o'clock in ye afternoon being the 27th. instant.
By the Honoble Coll. William Smith Judge of their Matyes Prerogative Court within ye County of Suffolk on Long Island in ye Province of New York in America-
:
Suffolk County, 1691-1703. II
To all to whom these presents shall come Greeting Know ye that whereas Joseph Davies late of Brook- haven in ye County of Suffolk, weaver, did in life time make his last will and testament dated the fifth day of Oct. Anno. Dom. 1689 and departed this life ye fifteenth day of Feby. last past Anno. Dom. 1690/1 and by the same Will did appoint Capt. Richard Wodhull and John Mosier both of Brook- haven aforesd Executors of his sd last Will which is hereunto annexed which sd Capt. Richard Wodhull and John Mosier did appear before me this day and for certain causes them thereunto justly moving have Expressly renounced the burthen of the Execu- torship of the said testament.
I therefore by virtue of the authority to me given by his Excelly Henry Sloughter Esq. Capt General & Gov' in Chief in and over ye Province of New Yorke aforesd reposing special trust & confidence in you William Jayne of Brookhaven aforesd, Cooper, & principal creditor to ye deceased aforesª Joseph Davies have nominated constituted and appointed and by these presents constitute and appoint you William Jayne administrator of all and singular the goods chattels & credits of ye sd Joseph Davies deceased with full power to ask receive recover & demand all and singular the goods chattels leases debts & credits whatsoever to the sd deceased belonging or in any wise appertaining by all lawful ways & means whatsoever. In the first place paying those debts whereby the sd deceased stood
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Early Long Island Wills.
obliged in ye time of his death & then those legacies contained and specified in the sd testament as far as the lawful goods & credits of ye sd deceased may to this extend you taking your oath truly to admin- ister ye same goods chattels rights & credits and to make or cause to be made a true & perfect inventory of all and singular the debts goods chattels rights & credits which shall or may come to your hand possession or knowledge and further to give a just & true account of & concerning the sd administration before me or such Judges as shall be thereunto ap- pointed at or before the first day of July next ensuing ye date hereof. Given under my hand & seal this third day of June Anno. Dom. 1691 & in ye third year of their Maje" reign.
WILLIAM SMITH THOMAS HELME, Cler.
Joseph Davis' his will-In the name of God Amen Oct. 5 Anno. Dom. 1689. 1 Joseph Davice of Brookhaven in ye County of Suffolk upon Long Island Planter being sick & weak in body but of perfect mind and memory thanks to God for it there- fore calling to mind the mortality of my body and knowing that it is appointed to all men once to die
1 Joseph Davice (or Davis) came to Brookhaven from Southampton. He was a weaver by trade and on December 23, 1666, the town of Brookhaven granted him "the weaver's lot." He was also granted "an accommodation by paying as others do," and he agreed " to weave the town's yarn into cloth on as reasonable terms as they do generally upon the Island." His descendants are still to be found in Brookhaven.
Suffolk County, 1691-1703. 13
do make and ordain this my last will & testam' in manner and form following that is to say first & principally I give my soul into the hands of God who gave it me & for my body I commend it to ye Earth to be buried in a christian & decent manner in ye usual place of burial nothing doubting but at ye general resurrection I shall receive the same again by the mighty power of God and as touching such wordly estate wherewith it hath pleased God to bless me in this life I give bequeath & dispose the same in manner & form following first I give and bequeath to Elizabeth my loving wife power to sell this house and accommodation belonging thereto & the disposing of the moneys received as the price thereof my will is likewise that she dispose of this money to build a house and that it shall be hers so long as she lives & when it pleaseth God to remove her by death it shall fall to my eldest son Joseph provided he prove dutiful to his mother other- wise she shall have the disposing of it to which of my children she pleaseth twenty acres of land adjoining to the house to be disposed in the same manner as the house all the rest of my meadows & land my will is that after her decease shall be equally distributed amongst all my sons my will is that she have the disposing of my stock & movea- bles to my children according to their desert only what hereafter shall be excepted. Moreover I give & bequeath to my son Joseph a black horse & mare in ye woods. To my son Benjamin one mare which
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Early Long Island Wills.
I bought from Richard Clerke my loom and tackling belonging to it which I charge him never to sell. To my son Samuel a mare a year old. To Daniel I give and bequeath the first colt of Samuel's mare. My will also is that Benjamin give to my daughter Mary the first Mare Colt of his Mare one cow the day of her marriage and other two that day twelvemonth following. And of this my last will and testament I make and ordain my well beloved friends Richard Wodhull and John Mosier my full and whole Executors and I do hereby utterly dis- allow revoke and annul all & every other former testament wills or legacies willed and bequeathed ratifying and confirming this & none other to be my last will and testam. In Witness whereof I have hereunto set my hand and seal ye day & year above written.
The mark of JOSEPH £ DAVICE
Signed sealed published pronounced & declared by ye sd Joseph Davice as his last will & testam' in ye presence of witnesses
D. SIMSON
JACOB LONGBOTHOM
THOMAS BIGGS
By ye Honoble Coll. William Smith Judge of ye Prerogative Court within ye County of Suffolk in ye Province of N. York in America-
To all to whom these presents shall come Greeting Know yee that whereas John Muncy late of Brook-
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Suffolk County, 1691-1703. 15
haven in ye said County Husbandman departed this life on ye 19th day of Feby. 169; leaving no Executors-And Hannah ye widow of the sd deceased for certain causes her hereunto justly mov- ing, hath prayed that ye administration of ye goods & chattels of ye sd deceased may be granted unto her ye widow of ye said deceased.
I therefore by virtue of ye power & authority to me given reposing special trust & confidence in you Hannah aforesd have nominated constituted & appointed & by these presents do constitute & appoint you Hannak ye widow of ye deceased aforesd Administratrix of all & singular ye goods & chattels rights & credits of ye said John Muncy deceased with full power to ask receive de- mand & recover all & singular ye goods & chattels leases debts & credits w'soever to ye sª deceased belonging or in any wise appertaining by all lawful ways & means w'soever in ye first place paying those lawful debts w'by ye said deceased stood obliged at ye time of his death as far as ye lawful goods & credits of ye said deceased may to this extend you taking your oath truly to administer ye same & to make or cause to be made a true and perfect inventory of all & singular the debts goods & chattels rights and credits to ye sª deceased be- longing which shall or may come to ye hands pos- session or knowledge & further to give a just & true acc' in and concerning ye sd administration before me or such other Judge or Judges as may be
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Early Long Island Wills.
appointed thereunto at or before ye 18th day of Jan. next ensuing ye date hereof-
Given under my hand & seal ye 18 day of July 1691.
WILLIAM SMITH
THO. HELME ? Cler.
BROOKHAVEN Feby. ye 14 1699
I, Timothy Brewster being sent for by John Muncy a little before his death he desiring me then to write his will and I thinking it not convenient at that time did forbear writing & desired him to declare his mind before these witnesses underwritten that if no better opportunity should present they might declare w' was his will or desire to ye disposal of his house & land which he did accordingly as followeth :
I' to his son John Muncy he gave ye one half of house & lands : to his brother Sam? he gave ye other half to divide equally with his son John only not half ye meadow. To his wife he left nothing but w ye law alloweth. Jonathan Owen asked him ye next morning w' meadow he referred not to be divided he answered that it was ye meadow at ye west meadow. Witness
JONATHAN OWEN SARAH BIGGS TIMOTHY BREWSTER
? Thomas Helme, whose name appears very frequently in these pages, was an early settler in Brookhaven and one of the second Patentees. He held the offices of Town Clerk and Justice for many years, and was Clerk of the Prerogative Court. In 1704 he was Commissioner to lay out highways.
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Suffolk County, 1691-1703.
By the Honoble Coll. William Smith Judge of their Mayes Prerogative Court within ye County of Suffolk on Long Island in ye Province of New York in America.
To all to whom these presents shall come Greeting Know ye that whereas Benjamin Moore3 of Southhold Mariner departed this life on or about the fifteenth day of May Anno. Dom. 1690 leaving no Executor and Jeremy Viele & Anne his wife the late widow of ye deceased Benjamin Moore aforest of ye town & County aforesd for certain causes them hereunto justly moving have prayed that the administration of the goods & chattels of the sd deceased may be granted to ye sd Jeremy Viele & Anne his wife.
I therefore by virtue of ye authority to me de- rived reposing special trust & confidence in you Jeremy Viele and Anne your wife late ye widow & relict of the deceased aforesd have nominated consti- tuted & appointed and by these presents do constitute and appoint you Jeremy Viele & Anne your wife to be administrators of all & singular the goods chattels & credits of Benjamin Moore aforesd deceased with full power to ask receive recover & demand all & singular the goods chattels & credits leases & debts whatsoever to ye deceased aforesd belonging or in anywise appertaining by all lawful ways & means whatsoever in ye first place paying the debts whereby
3 Benjamin Moore was son of Thomas Moore of Southold, and ac- cording to Moore's " Index of Southold " was baptized August 2, 1640.
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Early Long Island Wills.
the sd deceased stood obliged in the time of his death so far as the goods and credits of the said deceased may to this extend you and either of you taking your oath truly to administer the same and to make or cause to be made a true & a perfect inventory of all & singular the debts goods & chattels rights & credits which shall or may come to your hand pos- session or knowledge and further to give a just & a true account in & concerning the sd administration before me or such Judges as shall be thereunto appointed at or before ye last day of March ensuing the date hereof-
Given under my hand & seal this Sth day of Sept. Anno Dom. 1691 & in ye third year of their Matys Reign.
WILLIAM SMITH
THOMAS HELME, Cler.
By ye Honoble Coll William Smith Judge of their Matys Prerogative Court within ye County of Suffolk on Long Island in ye Province of N. Yorke in America-
To all to whom these presents shall come Greeting Know ye that whereas Jonathan Moore 4 of Southhold in ye County aforesd departed this life in or about ye fifteenth day of March Anno Dom. 1689 leaving
4 Jonathan Moore was brother of Benjamin Moore, last mentioned. He was born in 1649. He left a son Jonathan, born 1678, died 1728. His descendants moved to Orange Co., N. Y.
1.
Suffolk County, 1691-1703. 19
no executor and Martha the widow and relict of ye deceased aforesd for certain causes her hereunto justly moving hath prayed that the administration of the goods & chattels of the deceased aforesa may be granted unto her the sd widow & relict of ye sª deceased-
I therefore by virtue of the authority to me de- rived reposing special trust & confidence in you Martha the widow & relict of the deceased aforesd have nominated constituted & appointed and by these presents do constitute & appoint you Martha the widow & relict of ye deceased aforesd Administratrix of all & singular the goods chattels & credits of Jon- athan Moore aforesd deceased with full power to ask receive recover and demand all & singular the goods chattels leases debts & credits whatsoever to the deceased aforesd belonging or in any wise apper- taining by all lawful ways & means whatsoever. In ye first place paying those debts whereby ye said deceased stood obliged in the time of his death so far as the goods & credits of the sd deceased may to this extend you taking your oath truly to administer the same and to make or cause to be made a true & per- fect inventory of all & singular the goods & chattels rights debts & credits which shall or may come to your hands possession or knowledge & further to give a just & true account in & concerning the sd adminis- tration before me or such Judges as may be there- unto appointed at or before the last day of March ensuing the date hereof.
.V
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Early Long Island Wills.
Given under my hand and seal this 8th of Sept. Anno Dom. 1691 & in ye 34 year of their Matyes Reign
WILLIAM SMITH
THOMAS HELME, Cler.
In ye name of God Amen Brookhaven Feb' Sth 1691 I, John Jenners of Brookhaven in ye County of Suffolk on Long Island in ye Province of N. Yorke being sick & weak in body but of good & sound memory thanks be God calling to mind ye uncertain state of this life do make & ordain this my last Will and Testam' hereby revoking & annulling all & any former Will or Wills formerly made by me either by word or writing-Imp mis I commit my soul into ye hands of God who gave it and my body being dead to be decently buried in such place & manner as to my Executors hereinafter named shall seem convenient & my worldly estate which it hath pleased God to bestow on me my just & lawful debts being paid I order & dispose in manner & form fol- lowing-Itm I give to my son John my house & all my lands & meadows with ye buildings fencings orchards & other ye improvements w'soever thereunto belonging or in anywise appertaining to be enjoyed by him at ye age of 21 years. Itm I give to my
" John Jenner was son of John Jenner, who was one of the Patentees of Brookhaven in 1666, and Magistrate in 1662. He had a brother, Thomas Jenner, who on November 17, 1671, received an allotment at Wading River, and was living in 1723.
Suffolk County, 1691-1703. 2I
daughter Sarah & Mary all ye rest of my moveable estate my goods & chattels to be enjoyed by them by equal parts when they shall come to ye age of Eight- een years if then married-It" My will is that if it please God to give any other living child if it be a son he shall have an equal portion of my lands &c. w' my son John & if it be a daughter she shall have an equal portion with my daughters-Itm My will is that my wife Sarah shall have ye full and free en- joymt of my house & lands & ye rest of my estate of w' kind & nature soever during her widowhood & ye non age of my children-And in case my wife shall be married to another & they shall be both Kind & loving to my children they shall have the use of my estate during ye non age of my children otherwise not. Lastly I do appoint my friends Just. Richard Smith & Jonathan Smith6 Executors of this my last Will & testam' whom I do request to take care of my wife & children & other concerns pertaining to ye office of an Executor &c.
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